In re Declaring M.W.

R.W.’s parental rights as father of M.W., a child, were terminated on October 23, 1987, in the District Court, Fourth Judicial District, Missoula County. The District Court awarded the Montana Department of Social Rehabilitative Services custody of the child with authority to assent to adoption. R.W. appeals. This Court affirms the decision of the District Court.

The issues are these:

1. Did the District Court abuse its discretion by terminating the father’s parental rights?

2. Is Section 41-3-609(l)(b), MCA (1985), unconstitutional as applied to non-custodial parents?

M.W. was born October 21,…